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European Union European Court of Justice (ECJ) US-EU Safe Harbor Framework

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Guidepost Solutions LLC

New EU-U.S. Data Privacy Framework Legalizes Personal Data Transfers from the EU to US

On July 10, 2023, the European Commission announced that it had adopted its adequacy decision for the EU-U.S. Data Privacy Framework (EU-U.S. DPF). This long-awaited decision means that for the first time since the EU-U.S...more

Husch Blackwell LLP

Adoption of EU/U.S. Data Privacy Framework

Husch Blackwell LLP on

Key Point: The European Commission has adopted an adequacy decision for the EU-U.S. Data Privacy Framework, which allows certain businesses to transfer data from the EU to the U.S. without the need for additional transfer...more

ArentFox Schiff

Schrems II and the Possibility of a Privacy Shield Successor: Will History Repeat Itself?

ArentFox Schiff on

Last week started and ended with big announcements in the privacy world. At the end of the week, on August 14th, the regulations implementing the California Consumer Privacy Act of 2018 (CCPA) were finally declared final -...more

Epstein Becker & Green

ECJ Invalidated the EU-US Privacy Shield Framework

Epstein Becker & Green on

On July 7, the Court of Justice of the European Union (ECJ) invalidated the EU-US Privacy Shield framework in its ruling in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Case C-311/18). More than...more

Society of Corporate Compliance and Ethics...

Compliance Perspectives: The End of the Privacy Shield

The Court of Justice of the European Union (CJEU) sent shockwaves through the privacy community last week. As Jonathan Armstrong of Cordery explains in this podcast, it put an effective end to the Privacy Shield because of...more

Wilson Sonsini Goodrich & Rosati

Schrems 2.0: AG Opines That Data Transfers to U.S. Are Valid Under Standard Contractual Clauses

On December 19, 2019, in the Facebook Ireland and Schrems (Schrems 2.0) case, the Advocate General (AG) to the European Court of Justice (ECJ)—European Union's highest court—opined that the EU Standard Contractual Clauses...more

Pillsbury Winthrop Shaw Pittman LLP

Road to Brexit: Theresa May sets out “Five Tests” with which to judge eventual deal

The Prime Minister has given the clearest indication yet of what the UK will seek in the Brexit negotiations. Access to each side’s markets is going to be less than it is today. ...more

Jones Day

Looming Ruling on EU Data Transfer Rules Carries Potentially Serious Implications

Jones Day on

The Situation: The European Court of Justice ("ECJ") is to rule on the validity of EU Standard Contractual Clauses used by companies to transfer personal data outside of the European Union, at the request of Ireland's High...more

McDermott Will & Emery

The Privacy Shield: September 30, 2016, Deadline for Early Self-Certification Offers Compliance Opportunity and Risk

McDermott Will & Emery on

The European Commission recently determined that the Privacy Shield Framework is adequate to legitimize data transfers under EU law, providing a replacement for the Safe Harbor program. The Privacy Shield is designed to...more

Alston & Bird

German DPAs Will Not Be Able to Challenge Privacy Shield This Year

Alston & Bird on

Even before the ECJ’s Schrems decision invalidated Safe Harbor, the European Commission had begun working closely with US negotiators to craft what has become the U.S.-EU Privacy Shield. While EU privacy leaders have noted...more

Womble Bond Dickinson

A Fragile Shield? Managing the Risks of EU-U.S. Data Transfer

Womble Bond Dickinson on

Following European Commission adoption of the Privacy Shield on July 12, 2016, and with Privacy Shield self-certification poised to open for business organizations on August 1, 2016 as a replacement for the invalidated...more

BCLP

A Side-By-Side Comparison of “Privacy Shield” and the Controller-Controller Model Clauses: The Easiest Way to Understand What...

BCLP on

The EU Data Protection Directive 95/46/EC (the “Directive”) creates the legal framework for the national data-protection laws in each EU member state. The Directive states that personal data may only be transferred to...more

Mintz

EU-US Privacy Shield to Launch August 1, Replacing Safe Harbor

Mintz on

I. Introduction: Privacy Shield to Go Live August 1 (at Last) - The replacement for Safe Harbor is finally in effect, over nine months after Safe Harbor was struck down by the Court of Justice of the EU in the Schrems...more

McCarter & English, LLP

Shield, Sword or Plough Ahead? Approval of New EU Privacy Shield Forces a Decision

When the European Court of Justice first invalidated the Safe Harbor we recommended here that, for most companies, staying the course by implementing general data security best practices was probably the right thing to do...more

Kelley Drye & Warren LLP

What You Need to Know About Privacy Shield: An Overview of the New Transatlantic Framework

On July 12, 2016, the European Commission (“Commission”) formally adopted and released the Privacy Shield Adequacy decision, which will allow certified U.S. companies to transfer EU personal data to the United States. The...more

Foley Hoag LLP - Security, Privacy and the...

At Long Last, US-EU Privacy Shield Adopted By EU Member States

Key takeaways: .. The Privacy Shield will now go into effect. .. The preliminary start date for companies to be certified under the Privacy Shield is August 1, 2016. .. Expect more challenges to the Privacy Shield...more

McGuireWoods LLP

EU-US Data Protection: the Safe Harbor is dead, long live the Privacy Shield!

McGuireWoods LLP on

The European Commission adopted on July 12, 2016 its long-awaited decision recognizing the U.S. Privacy Shield as providing adequate protection for personal data of EU citizens transferred to the United States. The Privacy...more

Womble Bond Dickinson

Data Transfer Without Safe Harbors

Womble Bond Dickinson on

European privacy law is a bold new world for U.S. businesses doing business in Europe. An October Court of Justice ruling struck down the Safe Harbor arrangement which had governed E.U.-U.S. data transfer transactions for...more

Foley & Lardner LLP

Privacy Shield – Rejected. GDPR – Accepted: What This Means to Your Organization and What You Should Consider Doing Now

Foley & Lardner LLP on

The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last week, stating that although the Privacy Shield was a “great step...more

Foley Hoag LLP - Security, Privacy and the...

EU-US Privacy Shield: Working Party Urges European Commission to Improve Current Scheme

After the invalidation of the Safe Harbor by the European Court of Justice (“ECJ”) last November in the Schrems case, negotiations between the European Commission and US authorities led to a new agreement called the EU-US...more

Proskauer - Minding Your Business

The Basics of International Privacy Law for Commercial Litigators, Part 1: the EU

Let’s say an American commercial litigator is working to defend a multinational client that has been sued in the U.S. The litigator may realize that he or she needs to collect emails or other documents from the client’s...more

Bryan Cave Leighton Paisner

Privacy Shield Released - How Employers Can Take Advantage of the New European Data Transfer Framework

Background - The EU Data Protection Directive 95/46/EC (the “Directive”) creates the legal framework for national data-protection laws in each EU member state. The Directive states that personal data may only be...more

WilmerHale

A Closer Look at Cybersecurity Legislation and Regulations in the US and Abroad - Global Overview

WilmerHale on

With interconnectivity and use of digital storage expanding, cyberthreats posed by nation states, commercial competitors, company insiders, transnational organised crime and ‘hacktivists’ are growing on a global basis. Recent...more

Sheppard Mullin Richter & Hampton LLP

EU-US Privacy Shield: Brace Yourself . . . or Maybe Not

On February 29, 2016, the European Commission and United States released the terms of the much-anticipated renewed framework for the transfer, sharing, and processing of European individuals’ data to the United States. The...more

Womble Bond Dickinson

One Step Closer: Draft Text of EU-U.S. Privacy Shield Released March 1, 2016

Womble Bond Dickinson on

The U.S. and EU are one step closer to implementing the new EU-U.S. Privacy Shield. On March 1, 2016, the European Commission and U.S. Department of Commerce announced the release of the legal texts that will put in place...more

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